Atlanta |
Code of Ordinances |
Part III. CODE OF ORDINANCES—LAND DEVELOPMENT CODE |
Part 16. ZONING |
Chapter 32M. NC-13 INMAN PARK NEIGHBORHOOD COMMERCIAL DISTRICT |
§ 16-32M.002. Specific regulations.
The following regulations are specific to NC-13 Inman Park Neighborhood Commercial District:
(1)
Principal and accessory uses:
a.
Gasoline service stations shall be prohibited.
b.
Tattoo and body piercing establishments shall be prohibited.
c.
Nightclubs and private clubs as defined in City of Atlanta Code section 10-1 shall be prohibited.
d.
The number of eating and drinking establishments shall not exceed four.
e.
Electric vehicle charging stations equipped with Level 1 and/or Level 2 EVSE allowed in the side or rear of the building as an accessory to another.
(2)
Hours and manner of operation:
a.
No use shall be open to the public between the hours of 2:00 a.m. and 6:00 a.m.
b.
Eating and drinking establishments shall be permitted to operate until 12:00 midnight on Sunday through Thursday and until 2:00 a.m. on Saturday and Sunday morning and until 2:00 a.m. on the date of January 1 on whatever day of the week it shall occur unless the hours are extended as set forth herein.
c.
Two eating and drinking establishments shall be permitted to operate until 2:00 a.m. on any day provided that the property owner or owners of all properties in which eating and drinking establishments operate within the district files with the Office of Planning and sends a copy to the chair of NPU-N a sworn certificate with the following information
i.
Business names and addresses of all eating and drinking establishments operating in the district;
ii
Business names and addresses of the two establishments that are allowed extended hours of operation; and
iii.
A statement that this information has been provided to all eating and drinking establishments in the district.
This certificate shall be conclusive evidence of compliance with this section until a new certificate is submitted by the property owner.
d.
Outdoor speakers and amplified music outside enclosed permanent structures shall be prohibited.
e.
Live amplified music shall be prohibited.
f.
The collection of refuse or garbage shall not occur between the hours of 9:00 p.m. and 7:00 a.m.
(3)
Transitional yards and screening: Where transitional yards and screening are required by section 16-32.009, the following provisions shall apply:
a.
Transitional yards shall be a minimum of six feet wide and shall be planted with a combination of trees or evergreen shrubs and ground cover as approved by the city arborist and maintained in a sightly condition as a landscaped buffer.
b.
Screening: Where this district adjoins a lot in an R-1 through R-5 district without an intervening street, wooden fencing six feet in height shall be provided along the district boundary. Where this district adjoins a lot in an R-G district without an intervening street, permanent opaque walls six feet in height constructed of stone, masonry, or wooden fencing shall be provided along the district boundary. All walls and fencing shall be maintained in a sightly condition.
(4)
Parking requirements: Off-street surface parking shall be located in the side and rear yards and shall not be located between the principal structures and the street,
(5)
Supplemental zone: Supplemental zones are optional and shall not be required on any street in this district.
(6)
Outdoor dining: Outdoor dining, including eating and drinking, shall be prohibited in the district.
(7)
Sidewalks and street furniture zones: The street furniture zone and clear zone may be reduced to match the existing building setbacks from the street curbs.
(8)
Loading areas:
a.
Dumpsters shall be located at the rear of the principal structures.
b.
Dumpsters and bulk storage containers shall be screened by opaque wooden fencing a minimum of 12 inches higher than said dumpster or storage container so as not to be visible from a public right-of-way or adjacent residential property.
(9)
District Plan: The plan entitled "NC-13 Inman Park District Plan" set forth below as Attachment A is made a part of these NC-13 District Regulations and shall control all development as set forth therein, provided however the NC-13 Inman Park District Plan shall not supersede the regulations of HD 16-20L:SA 1 with respect to exterior improvements to any building.
(Ord. No. 2012-03(11-O-1842), § 1, 2-15-12; Ord. No. 2014-53(14-O-1278), § 2(Attach. B), 12-10-14 )